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Current Status L1 with Emp A. Applied H1 with Emp B with COS. What will be my visa status on 1st Oct 13 if I donot join emp B?

New York, NY |

I am L1 and staying in US since 2012 with employer A, Applied for H1 with employer B with change of status which is currently under review. What will be my visa status on 1st Oct'13 if H1B is approved and I do not join employer B and want to continue with employer A? whether I will be out of status and leave USA?

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Attorney answers 3


You will be violating the terms of your status. Either join your employer or depart the U.S. as you choose not to join your H-1B employer and maintain your status.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


you have told Immigration that you are leaving your L-1 employer and are moving to your H-1B employer on October 1, 2013. If you are going to do anything else, you will need to apply for change of status, or depart the US and return.

I am a pretty smart guy, but I do not know everything. My answers here come from the knowledge I carry around in my head--if you want me to look something up, you should come see me. Take any advice here as being general in nature. Please be careful with your life and make decisions that are smart.


You will have a big mess on your hands.

If the H is approved ... your I-94 L-1B?) will die that same day.

Pay a lawyer to help you sort things out.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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